Vol. 54 No. 12

Trial Magazine

Verdicts & Settlements: Negligence

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Failure to Conduct Criminal Background Check on Youth Soccer Coach

December 2018

Doe, 12, played soccer in the West Valley Youth Soccer League. She allegedly began having sexual relations with her 37-year-old coach, Emanuele Fabrizio, who had a conviction for domestic violence. The relationship ended when Doe’s father learned about it through text messages and called police.

Now 19, Doe has post-traumatic­ stress disorder and continues to suffer emotional and psychological issues related to Fabrizio’s alleged abuse.

Doe, through a guardian, sued the United States Youth Soccer Association and a local affiliate, Cal North, alleging failure to conduct a criminal background check on Fabrizio and order such ­background checks on all adults having contact with children in the defendants’ soccer programs.

The defense argued that there was no duty to conduct background checks on all coaches.

The parties settled for $8.2 million. United States Youth Soccer will pay $6.5 million, and Cal North will pay the remainder.

Citation: Doe v. U.S. Youth Soccer Ass’n, No. 2013-1-CV-238994 (Cal. Super. Ct. Santa Clara Cnty. Aug. 17, 2018).

Plaintiff counsel: AAJ member Stephen J. Estey, San Diego; AAJ members B. Robert Allard and Lauren Cerri, both of San Jose, Calif.; and Kelly Raftery, Santa Clara, Calif.